NOORALI BABUL THANEWALA versus K.M.M. SHETTY AND ORS.

NOORALI BABUL THANEWALA versus K.M.M. SHETTY AND ORS.

Wilful disobedience of an undertaking given to the Court to deliver vacant possession constitutes contempt of court. The breach warrants conviction, fine, and directions for immediate delivery of possession to the landlord, with necessary enforcement measures.

Parties
Petitioner: Noorali Babu Thanevala; Respondent 1: K.M.M. Shetty; Respondent 2: Raghuram A. Shetty
Jurisdiction
India
Judgment Date
20 December 1989
Procedural Posture
Civil Misc. Petition / Final Disposition on Contempt Petition
Outcome
First respondent found guilty of contempt; sentenced to pay fine and ordered to deliver possession. Rule against second respondent discharged.
Legal Topics
Breach of Undertaking, Injunction, Eviction, Execution of Decree
Contempt of Court Civil Procedure Landlord Tenant Breach of Undertaking Injunction Eviction Execution of Decree

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Parties

Noorali Babu Thanevala

Petitioner

K.M.M. Shetty

Respondent 1

Raghuram A. Shetty

Respondent 2

Procedural Posture

Civil Misc. Petition / Final Disposition on Contempt Petition

Legal Issues

  1. 1 Whether the first respondent violated the undertaking to deliver vacant possession as ordered by the Supreme Court.
  2. 2 Whether breach of an undertaking to the Court amounts to contempt.
  3. 3 Whether the petitioner can execute the eviction decree against all persons in possession, including second respondent.

Ratio Decidendi

Wilful disobedience of an undertaking given to the Court to deliver vacant possession constitutes contempt of court. The breach warrants conviction, fine, and directions for immediate delivery of possession to the landlord, with necessary enforcement measures.

Court Disposition

First respondent found guilty of contempt; sentenced to pay fine and ordered to deliver possession. Rule against second respondent discharged.

Orders

  • First respondent to pay a fine of Rs. 500 within four weeks, failing which he to suffer simple imprisonment for one month.
  • First respondent directed to deliver vacant possession of premises forthwith to petitioner.